Chapter 16.04 — GENERAL PROVISIONS AND ADMINISTRATION

It is the purpose of this Title to regulate and control the division of land within the city and to supplement and implement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the City Engineer, the Director of City Planning, the City Planning Commission and City Council regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public health, safety and general welfare; to ensure orderly growth and development; to ensure the retention of existing neighborhood amenities; to promote conservation, protection, and proper use of land; and to ensure provision for adequate circulation, utilities, and services.

It is also the purpose of this title to ensure that the development of subdivisions is consistent with the goals and policies of the Oakland comprehensive plan.

(Prior code § 7-4.01)

The regulations set forth in this title shall apply to all subdivisions or parts thereof within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the city shall be made and each map shall be prepared and presented for approval as hereafter provided for and required.

No land shall be subdivided or developed for any purpose or use or in any manner which is not in conformity with the general or any specific plan or specifically authorized by the zoning regulations. Further, before any tentative map or tentative parcel map may be approved, the subdivider shall first apply for and obtain all necessary zoning approvals.

The type and intensity of land use as shown on the general or any specific plan shall determine the type of streets, roads, highways, trails, utilities, and public services that shall be provided by the subdivider.

(Prior code § 7-4.011)

A.

For the purposes of this title certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from their context that a different meaning is intended:

"Alley" means any public way less than forty (40) feet in width.

"Arterial street" means any street of eighty (80) foot width or more which serves or is to serve as a major traffic artery for intercommunication between districts of the city when shown on any street plan or proposed street plan adopted by the Council of the city of Oakland.

"Blind street" means any street having but one outlet for vehicular traffic.

"Collector street" means any street of sixty (60) foot width or more which serves or is to serve as a traffic way for a neighborhood or a feeder to a thoroughfare when shown on any official street plan or proposed street plan adopted by the Council of the city of Oakland.

"Design" means:

Street alignments, grades, widths;

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

Location and size of all required easements and rights-of-way;

Fire roads and firebreaks;

Lot size and configuration;

Traffic access;

Grading;

Land to be dedicated for park or recreational purposes; and

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan.

"Local street" means any street not a thoroughfare, or secondary thoroughfare.

"Lot" means a parcel of land occupied or capable of being occupied by a use, building, or unit group of buildings and accessory buildings and uses, together with such open spaces and lot areas and widths as are required by this title, and having a minimum width of twenty-five (25) feet, and having frontage on a street (as defined in this title) or upon a private easement for access purposes to said lot, provided that such lot and easement have been approved under provisions set forth in Chapter 16.32 and Sections 16.04.080 and 16.04.090.

"Street" means any public way not less than forty (40) feet in width.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or others.

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.

B.

For the purposes of this title the definitions and meanings of the following words and phrases, "Advisory Agency," "County," "County Surveyor," "Design," "Final Map," "Improvement," "Local Ordinance," "Record of Survey Map," "Subdivision," and "Tentative Map," shall be as defined in Title 7, Division 2 of the Government Code of the state of California, which statute is hereinafter referred to as the "Subdivision Map Act" or "Map Act."

(Ord. 11924 § 1, 1996; prior code §§ 7-4.012—7-4.08)

Wherever the word "division" or the words "land subdivision" shall appear in this title the word "subdivision" shall be substituted therefor.

Wherever the word "subdivide" or the word "subdivided" shall appear in this title the words "divide" or "divided" respectively, shall be substituted therefor, and wherever the word "unsubdivided" shall appear in this title the word "undivided" shall be substituted therefor.

(Prior code § 7-4.081)

The Planning Commission of the City is designated as the "advisory agency" for the City and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions requiring approval of tentative and final maps under the Subdivision Map Act. Notwithstanding any provision in this Title 16, any map required by State law to be processed pursuant to State Law SB 684, as codified under California Government Code sections 65852.28 and 66499.41, shall be ministerially processed and approved by the Planning and Building Department and/or the Department of Transportation with no right of appeal.

(Ord. No. 13805, § 4(Exh. B), 7-16-2024; Prior code § 7-4.09)

The Advisory Agency may in the exercise of reasonable judgment grant such variances as it determines warranted where the size of the subdivision or topographic or other physical conditions of the property make it impractical to conform to all of the provisions prescribed by this title, provided, however, that no variances may be made to any requirements imposed by the Subdivision Map Act; and provided further, however, that no variances may be made to any requirements imposed by Section 16.20.010.

(Prior code § 7-4.35)

A.

Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words:

Reversion to Acreage of  _____ (Insert a legal

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description of the land being reverted.)

B.

No dedication for street or other public purposes shall be required as a condition of approval of a reversion to acreage map.

C.

Maps recorded solely for the purpose of combining portions of vacated streets with adjoining lots shall be treated in procedure as reversion to acreage maps.

(Prior code § 7-4.47)

Whenever the city has knowledge that real property has been divided in violation of the provisions of this title or of the Subdivision Map Act it shall cause to be filed for record with the recorder of the County of Alameda, a notice of violation describing the real property in detail, naming the owner thereof, and describing the violation. Such notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Prior code § 7-4.70)

A certificate of compliance shall be issued and recorded as provided in Section 66499.35 of the Government Code of the state of California. Application therefor shall be made to the City Engineer, who is authorized to make the determinations specified in said Section 66499.35 that the applicant's real property complies with the provisions of Division 2, Title 7, of the Government Code of the state of California and Title 16 of the Oakland Municipal Code.

(Prior code § 7-4.71, 7-5.15)

A.

Appeals to the City Planning Commission. The applicant or any other interested person adversely affected by a decision of the Advisory Agency may appeal the decision with respect to the application to the City Planning Commission within ten days after such action. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Advisory Agency or wherein its decision is not supported by evidence in the record. The appeal shall be filed with the Secretary of the City Planning Commission. The Secretary of the City Planning Commission shall set the matter for hearing and shall cause written notice thereof to be given to the applicant and to all other parties known to be interested in the matter. At the time fixed for the hearing the City Planning Commission shall proceed to hear the testimony of the applicant, any interested parties, and any witnesses in their behalf, such hearing may be continued by the City Planning Commission. The City Planning Commission may sustain, modify, reject or overrule the recommendations, rulings, or decisions of the Advisory Agency and make such findings as are not inconsistent with this title. The Commission's action shall be final, except for those appeals to the City Council specified below.

B.

Appeals to City Council. The applicant or any other interested person adversely affected by a decision of the Planning Commission may appeal the decision with respect to the application to the City Council only if such appeal rights are mandated by the State Subdivision Map Act (Government Code Sections 66473.5, 66474, 66474.1, 66474.6 and 66474.7), as it may be amended from time to time. Specifically, the State Subdivision Map Act provides appeals will be permitted only for findings concerning: (1) general and specific plan consistency; (2) suitable site for type and density of development; (3) environmental; (4) public

health; (5) public easements; (6) substantial compliance with previously approved map; and (7) regional water quality control violations. Such appeals must be filed within ten days after action by the Planning Commission. The appeal shall state specifically wherein it is claimed that (1) the State Subdivision Map Act requires an appeal; and (2) there was an error or abuse of discretion by the Planning Commission or wherein its decision is not supported by evidence in the record. The appeal shall be filed with the City Clerk. The City Council shall set the matter for hearing and shall cause written notice thereof to be given by the City Clerk, to the applicant and to other parties known to be interested in the matter. At the time fixed for the hearing the City Council shall proceed to hear the testimony of the applicant, any interested parties, and any witnesses in their behalf. Such hearing may be continued by the City Council. The City Council may sustain, modify, reject or overrule the recommendations, rulings, or decisions of the Planning Commission and make such findings as are not inconsistent with this title. The Council's action shall be final.

(Ord. 11924 § 2, 1996; prior code § 7-5.10)